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HomeMy WebLinkAbout08/23/2005 Adjourned Meeting 236; ADJOURNED MEETING AUGUST 23, 2005 - 7:30 A.M. - 9:00 A.M. YAKIMA CITY HALL - COUNCIL CHAMBERS 1. Roll CaII Present: Council: Assistant Mayor Neil McClure, presiding, Council Members Ron Bonlender, Dave Edler, Mary Place, Bernard Sims, and Susan Whitman (after 7:45 a.m.) Absent: Mayor Paul George (excused) Staff: Dick Zais, City Manager; Linda Watkins, Acting City Clerk; Doug Maples, Planning and Code Enforcement Manager; Bruce Benson, Planning Supervisor, and Ken Harper, Legal Counsel 2. Study Session on the zoning ordinance , Doug Maples, Planning and Code Enforcement Manager, said many of the items needing to be changed in the zoning ordinance are minor in nature and can be reviewed and changed in the future, but he cautioned that 1) staff is very busy, and 2) many items need to wait until after the 2006 Comprehensive Plan update is completed. Some of the Comp Plan changes may cause changes to the zoning ordinance. City Manager Zais explained that the issue of non - project specific rezones is the fundamental reason for today's study session. Council Member Place said she believes we need to have the appropriate road standards, sidewalks, landscaping and maintenance included in our zoning ordinance and some of those things are not there now. Ken Harper, consulting attorney, explained that at this meeting we hope to get a sense of Council's concerns with regard to non - project rezones. Any rezone not associated with a use could be categorized as a non - project rezone. People don't care what zoning district surrounds them but do care a lot about land use around them. The challenge is land owners don't always know what they want to do but perceive the current zoning is a hindrance for marketing and development. One of the ways land gets utilized better is through a non - project rezone process. Commercial development is facilitated by the ability to do non - project rezones. Environmental review for a non - project rezone is trickier. Typically, most of the specific reviews are deferred until a project comes along. The risk is that momentum builds up and when a compatible use does come along it gets harder to stop and evaluate. SEPA (State Environmental Policy Act) gives planning a number of tools to make sure non - project really is such. Sometimes developers really do have a project in the back of their mind, and a non - project rezone lays the foundation, it gains momentum and eliminates some hitches later. We're making it clearer to the developer that claiming non - project when there really is a project is a basis to withdraw the SEPA determination. If it is a non - project rezone, we will defer the requirement for infrastructure build -up until there is a project. ADJOURNED MEETING — AUGUST 23, 2005 23.7 Council Member Sims asked if, by changing the zoning, we are authorizing anything allowable within that zoning to go in on the property? Mr. Harper explained that the rezone would allow most Class 1 uses at that point, but Classes 2 and 3 require an involved review process. Also, if in a Class 1 review they exceed category exemptions in SEPA they will trigger a SEPA review. Mr. Harper emphasized the importance of communicating to land owners and developers the necessity to be open, up front, and clear. The approval process can go faster and the required improvements will be identified more quickly. City Manager Zais brought up the recent experience with Congdon that began as a non- project rezone that came to Council. There was speculation and concern about whether it was going to be a Wal -Mart or another big retailer. Legally the developer had a right to submit the application for a non - project rezone. The neighbors had great concerns because they did not have details about it. The question came up, should we be able to do non - project, rezones when the neighbors feel like they are not getting the information they should have, but staff does not yet have an application for a proposed use. There is concern bout the public process with non - specific rezones; people won't know what is going to end up next to them. It is important for the Planning staff to have credibility and when we tell the public it is a non - project rezone, it really is. If we are dealing with one of the few incidences where someone wasn't forthcoming and it becomes clear there was a project in the beginning then we can withdraw our SEPA determination and require the developer to start the process over. Bruce Benson elaborated on some recent experiences and explained how things had changed with the Growth Management Act as it relates to zoning and the Future Land Use Map in the Comprehensive Plan. The timing of zoning and Comp Plan changes was discussed. They cannot be done together because one is quasi - judicial and the other is a legislative process. They are fundamentally different. When planning law went through a revolution with the GMA, we were saddled with the difficult process of dealing with the Comprehensive Plan. An array of regulations went into place on how to make changes; we were no longer in charge of the process. GMA put a lot of sand in the gears, which was intentional to slow down the process giving neighbors enough time to see what is happening in their neighborhood. Doug Maples said changes to the SEPA Ordinance are being submitted for the September 6thCity Council meeting. There are two areas that are being changed, one of which is the category exemptions. State law sets minimum standards; we're going to reduce the commercial one. Another major area for review is where do appeals go; we're suggesting they go to the Hearing Examiner. The Karmali issue was reviewed. Mr. Harper commented that if we haven't engaged our non - project review carefully and if neighbors (project opponents) felt we didn't engage the review, they would challenge it. We can steer the process where it needs to go and the public can help. If we don't, the opponents can take it over and the developer is the one who suffers a bigger price. The other change in the SEPA ordinance is an appeal after the hearing. It presently goes to Council; it is suggested they go to the Hearing Examiner. Mr. Maples clarified that the change is only suggested for legal non - conforming uses. Council Member Place asked what weight they are to give the Hearing Examiner's decision. Mr. Harper explained that for a SEPA determination, they are to give the Hearing Examiner 2 233: ADJOURNED MEETING — AUGUST 23, 2005 substantial weight; recommendations do not require the same weight. Council Member Place also stated she liked the County's ordinance better than the City's. Mr. Maples responded that the City would prefer consistency between the two as well with regard to non - conforming uses. It was the consensus of Council that the Planning Department take the legally non conforming use chapter to the Council Economic Development Subcommittee prior to reviewing it with the Regional Planning Commission. Council Member Place offered to attend the subcommittee meetings if any of the Council representatives were unable to attend. The suggested changes to Table 4 -1 were distributed for review. Mr. Benson advised that the changes were the result documenting the requests that have come to the counter that aren't included on the existing table. Council Member Place expressed concern about the one listed as "Unlisted Residential Facilities ". Mr. Benson pointed out that there needs to be a vehicle for a business to come in and seek approval even though it is not currently on the table. The dilemma is that if it is not a listed use on the table, it is not permitted and that could be unintentionally harsh. Table 4 -1 has to be adjusted with new ideas. Mr. Harper agreed there needs to be a method for approaching uses not specifically listed. One suggestion would be for an unlisted use to be referred to the Hearing Examiner for interpretation. This subject will be reviewed by the Economic Development Subcommittee and then referred to the Regional Planning Commission. 3. Audience Comments Phil Hoge from the County's Planning Department responded with both a yes and no to the question of whether they process rezones simultaneous with Comprehensive Plan amendments. He explained there are two different zoning ordinances. With the County zoning ordinance they do process rezones simultaneously. Their zoning ordinance was adopted after the Comprehensive Plan and it specifically provided for doing rezones with Comprehensive Plan amendments. They declared those types of rezones to be major rezones, legislative rather than quasi judicial. But they also administer the Yakima Urban Area Zoning Ordinance, which is identical to the City's and predates GMA. It is unclear whether or not they can do those simultaneously. They have done it both ways, but recently they decided to split them off and handle them the way the City does. Council Member McClure brought up the idea of changing some of our zoning definitions. He would like suggestions brought back to Council that would more easily clarify the definitions to our community. The next discussion was on the money -back guarantee for application processing. To date neither the City nor the County has had to refund the fee. Our land use applications are up; our permit processing is up 40% over last year. There is a tremendous amount of activity going on. Mr. Benson stated that in his 14 years of experience he has never seen more than 28 projects in the hopper at one time. The other day we were at 82. 3